The First Steps in Car Accident Litigation

If the insurance company refuses to pay the amount you need for your injuries, our tenacious attorneys will prepare an official demand letter. This will list all your financial damages like medical bills and lost wages, as well as other damages that are not economic, like suffering and pain.

Then a judge or jury will then make a decision. If they decide in your favor, they will give you damages and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit involving a car accident, proving liability and negligence is the most important aspect to obtain compensation for your losses and injuries. Gathering evidence is among the initial steps in the litigation process, and it requires gathering documents, photographs, witness testimony and official reports like police reports.

Photographs of the scene of the accident may assist your attorney in determining what actually happened in the collision, including the location of both cars following the impact, skid marks road debris and other physical evidence. Also, note the names and contact details of any eyewitnesses who witnessed what occurred. It is crucial to have witnesses who can confirm the events that took place, as it can often happen that drivers will give contradictory stories that lead to insurance companies denying or refusing the liability.

Other types of evidence your lawyer could utilize include medical records, which may include bills, receipts and diagnosis reports, laboratory results, discharge guidelines, and other evidence that demonstrates the extent of your injuries. It is important to obtain these records as soon as possible, and make sure to provide copies to your healthcare providers.

Another type of evidence your attorney could employ is a deposition which is an out-of-court testimonies given under oath, and then transcribed by a court reporter. Your lawyer may use the testimony to establish that your injuries have a direct and foreseeable connection to the accident, which helps justify requesting the compensation you deserve for your damages. Most of the evidence discussed above can be obtained at the scene of the accident or within a short time however, some might not be available until much later in the legal process. This is the reason it's essential to consult a highly-credentialed car accident lawyer as quickly as you can so that they can begin investigating while vital evidence is still in its purest form.

2. Filing a Complaint

When the dust has cleared and you've treated your injuries, it's the time to seek out legal counsel from an expert. A car accident attorney will provide the knowledge and expertise to ensure you receive the maximum compensation for your claim.

The first step is to file a complaint with court, which details the specific claims that you have filed and how much money you are seeking in damages. This document is usually drafted by an attorney, and filed in the court. It will also be delivered to the defendant.

The discovery phase begins and allows both parties to share information about their defenses and claims. The process can be long and requires both sides to go through a myriad of documents including police reports and witness statements, medical records, bills and accident attorney much more. Each side can demand interrogatories. They are a set of questions that each party must answer under oath by a predetermined timeframe.

Throughout this process, your lawyer will also collaborate with doctors to ensure that they have a complete picture of the extent of your injuries and the impact they have had on your daily life. Your lawyer will estimate your total damages. This will include any future medical expenses and lost wages, as well as the pain and suffering of others, and many more.

Your lawyer may be able reach a settlement agreement with the insurance company of the driver at the fault. It is likely to occur after the completion of the discovery process and prior to trial. If the insurance company doesn't agree to an equitable settlement, or if the damages are significant and not covered by insurance, then you could be required to appear in court. A judge or jury will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is an important phase in any car accident case. This is the time when your attorney and the negligent insurance company of the driver exchange information that could help or damage your claim. Your attorney will ask for copies of documents that support your case. These include police reports medical bills, work loss records from your employer (showing the length of time you were absent due to the accident), photos of your vehicle and any damages or injuries and other financial details. Your lawyer will also make use of written discovery tools, such as interrogatories and requests for production, as well as request for admissions to question witnesses and other parties who are not in the case.

These tools for discovery in writing are circulated back and forth between the attorneys from both sides. The written discovery tools give the other side an opportunity to respond to questions in writing that need to be answered under oath. It also allows you to provide copies of other information that may be helpful to you.

Your Long Island car accident attorney will also depose witnesses as well as any other person with information about your injuries or damages which could be vital to your case. During a deposition, the at-fault party's lawyer will ask you a series of questions, and your answers will be recorded on video or transcribed by a court reporter.

The purpose of these pretrial investigation processes is to enable your lawyer to present a strong and compelling case to the responsible party and their insurer, so that you are able to secure an adequate and fair settlement for your injuries, losses and expenses. Although there is no assurance that all cases will settle, the majority do either during or after the discovery process, which is often be completed before the case goes to trial.

4. Trial

While the vast majority of car accidents settle through negotiations outside of court, if you and the insurance company aren't in agreement on the cause or the amount of compensation you should receive for your injuries, the case may go to trial. A trial is a formal proceeding where both parties are required to argue their case and provide evidence before the factfinder, who makes an decision on how to resolve the dispute. In personal injury cases the factfinder will usually be a jury.

During the trial the lawyer will give your account of the events in opening statements to the jury, and any supporting evidence you have, including photos or video of the accident scene, testimony from witnesses and medical professionals, as well as documents like medical bills and police reports. You can also testify about your memory of the incident, and how it impacted your life. Expert witnesses can also testify to support your assertions. The attorney representing the defendant may cross-examine witnesses, and argue against the admissibility of specific evidence.

The jury will determine at trial whether the plaintiff's injuries was caused by the defendant's negligence. They will examine the proximate causality, a nebulous legal concept that law school students spend hours studying. Proximate cause examines the relationship between the defendant's actions and the plaintiff's injuries.

A jury must also decide how much compensation you should receive. This is another complicated issue, as it depends on how severe your injuries are and the extent of your losses. Your lawyer will present your evidence, including expert witness testimony regarding the severity of your injuries, your loss of income and future earnings potential in addition to your pain and suffering as well as impairment, disfigurement and.

5. Settlement

Every state has a time limit by which you can settle your claim or file an action. This is known as the statutes of limitations. If your lawyer is unable to come to a deal with the insurance company, you may be required to start a lawsuit in the courtroom. It's costly and time-consuming, but this is usually required to obtain compensation.

During the discovery process your Long Island personal injuries lawyer will attend hearings and participate in discovery (a formal process where each side exchanges information with one another). Your lawyer will also make legal filings, also known as motions, requesting the court to take actions such as excluding certain types evidence from trial. Settlement negotiations can continue throughout this process, and many civil disputes in car accidents settle before a trial needs to be held.

Insurance companies are more likely to offer fair settlement offers if they believe that your claim for injury is solid and that you will be willing to take the case to trial. In addition, the settlement process is faster and less risky for them than a trial.

It is crucial to be aware of your injuries before you agree to a settlement. It is also important to have completed all medical treatment. You may not receive additional compensation if you agree to the settlement until your physician has determined that you have reached the maximum medical improvement. Additionally, you should not sign a release until you've spoken with your lawyer and had full understanding of your damages. Your lawyer will ensure that you don't miss out on a substantial amount of compensation. They will scrutinize your medical records, and other documentation, to ensure that you receive all the damages for which you qualify.